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2016年3月15日 火曜日

Divorce in Hong Kong - Part 2

15th March 2016 (Tuseday)           
Katty Tsang

My last blog article wrote about : who can file divorce in Hong Kong, what are the grounds of divorce and the commencement of the matrimonial cause by Petition.

Divorce is the Main Suit
In most of the ordinary matrimonial cause cases, there are three main topics to take care of :
(1) The Divorce;
(2) Custody of Child(ren) of the Family;
(3) Financial Provision/ Ancillary Relief.

The Divorce is the main suit.  All matrimonial causes must first deal with the Divorce part.  After the Divorce part is settled/ dealt with, the court will be in a position to pronounce an "interim" divorce order Decree Nisi.  Decree Nisi in effect is saying that the court is satisfied that the marriage has broken down irretrievably, and the court grants this divorce order at this stage, pending custody and ancillary relief issues to be completely dealt with.

Decree Nisi & Decree Absolute
Once all issues of custody and ancillary relief are satisfactorily and completely handled and court order(s) entered, the Petitioner shall then file Notice of Application for Decree Nisi to be Made Absolute (Form 5) with the court. 

If appropriate, the court will then issue a Certificate of Making Decree Nisi Absolute (Form 7) to both the Petitioner and the Respondent respectively.  Please do not get confused, this Certificate of Making Decree Nisi Absolute is in effect the "Decree Absolute" , that is, the final and formal divorce order from the Court.

When can one Re-marry?
I understand that in Japan, divorced woman can only remarry 6 months after the dissolution of the marriage, while in Hong Kong, both divorced man and woman can re-marry right after the Decree Absolute is issued.

This article is for reference purpose only and does not intend to provide any advice.  If you need legal advice for your actual case, please seek legal advice from a qualified attorney of your choice.




投稿者 Kuribayashi Sogo Law Office

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